Ark Charter School leaders may fight state committee’s ruling to close

Ark Community Charter School staff members wait for board members to exit executive session during an emergency meeting at Ark Community Charter School, located at 762 River Street in Troy, N.Y., on Thursday, May 1, 2014 at 762 River Street in Troy, N.Y..
J.S .CARRAS - THE RECORD

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troy >> Leaders at the Ark Charter School are re-evaluating their options and might be filing litigation for a new vote by the state regarding the school’s pending closure.

In March, the SUNY Board of Trustees Charter School Committee voted 2-1 to close the school, which serves more than 200 students at its River Street location in Troy. The state committee made its decision based on the school not meeting state standards, officials said at the time.

About a week following that decision, Ark Charter School officials said they did not plan to fight the decision to close the school at the end of this school year. This was despite more than 1,000 people signing an online petition to keep the school open.

But, on Thursday evening, the school’s board announced a different intention. The school’s board members and leaders met behind closed doors Thursday evening in an executive session during which they said they discussed possible litigation. When they emerged, the school officials said they still have not come to a decision about whether litigation will definitely happen.

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“We are listening to the community and listening to the people who want to see this school go on,” said board chair Steve Axelrod. “We are reassessing our initial reluctance.”

Following the meeting where school board members went into executive session to discuss possible litigation, more than a dozen teachers and Ark Charter School supporters attended the Troy City Council’s regular monthly meeting last night in support of saving the school.

There are about 30 employees, most of whom waited in the school’s basement while the board discussed its options in executive session.

In a prior statement, SUNY officials said: “The Charter Schools Committee has the final determination over renewing the contract to continue operating a charter school. Whenever a non-renewal recommendation is made by the Institute, the education corporation can petition the Committee for a hearing. The Ark was given the opportunity to submit written materials and present those materials, which occurred on February 26, 2014. The Trustees reviewed all information submitted by the Ark and the Institute, as well as all public comments that were also submitted, against UNY renewal benchmarks and the Ark’s accountability plan goals.”

Litigation would call for the 2-1 decision to be overturned, re-evaluated, and re-heard by the state committee.

The school’s attorney is “cautiously optimistic”, said Axelrod. This is partially because usually charter closure votes are unanimous, he said.

Axelrod said the next scheduled board meeting is May 13 at 3:30 p.m. It is unclear if a decision will be made on or before that date. He expressed that he hoped one would be made in time for school to go on normally at the end of this school year and begin again in September.

“This is something we’re discusing constantly,” said Axelrod, noting a 120 day deadline. “It is my fervent wish that the school is up and running in September.”

A decision on litigation will eventually be made by a seven-member voting board.